Bellows v. Stone
Superior Court of New Hampshire
Bill in Equity. The bill, which was filed by Josiah Bellows, 2d, against David Stone and Josiah Bellows, 3d, partners, under the name of Stone &. Bellows, and against Thomas Bellows, states that prior to January 1, 1821, the orator was in partnership in merchandise with Thomas Car-lisle, of Lancaster, under the firm of Thomas Carlisle & Co., and was also engaged in various mercantile transactions in which Carlisle did not participate.
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Bill in Equity. The bill, which was filed by Josiah Bellows, 2d, against David Stone and Josiah Bellows, 3d, partners, under the name of Stone &. Bellows, and against Thomas Bellows, states that prior to January 1, 1821, the orator was in partnership in merchandise with Thomas Car-lisle, of Lancaster, under the firm of Thomas Carlisle & Co., and was also engaged in various mercantile transactions in which Carlisle did not participate. On the 21st of March, 1821, the firm of Thomas Carlisle & Co. failed, and on Sept. 9, 1823, their entire effects were assigned to Thomas Carlisle, and by him to…
1Opinion of the Court
Parker, O. J.
There is one aspect of this case which seems not to have attracted the attention of the parties.
The mortgage which the plaintiff seeks to redeem is made to secure the payment of a certain certificate, issued by the agent of the creditors of Carlisle &, Co., and purporting to contain evidence that the defendants, Stone & Bellows, were entitled to receive from the avails of the effects assigned by Carlisle & Co. for the benefit of their creditors, the sum of $5300.
The mortgage is given to Thomas Bellows, but it appears that he, at the time of its execution, held the certificate as…
2Cases cited3 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Tilton v. TiltonSuperior Court of New Hampshire · 1838
- Wendell V. New-Hampshire BankSuperior Court of New Hampshire · 1838
3Cited by1 opinion
- Owen v. WestonSupreme Court of New Hampshire · 1885